On February 28, 2020, Maryland’s proposed Digital Advertising Tax was the subject of a hearing by the Maryland House of Delegates’ Ways and Means Committee. House Bill 695 would impose a tax on Maryland gross revenues from digital advertising services at a rate of up to a 10%. An archived video of the hearing is
Digital Economy
Webcast: 2020 – The year of digital taxation
In 2020, state and local tax practitioners have witnessed the emergence of a new trend: the proposed taxation of advertising services and data usage. In this Bottom Line webcast, Charles Capouet and Samantha Trencs discuss:
- the proposed Maryland tax on gross revenues from digital advertising services
- potential expansions of the Nebraska and South Dakota
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South Dakota House of Representatives’ Taxation Committee Strikes Advertising Tax Provision from HB 1284
During a hearing held on February 20, 2020, the South Dakota House of Representatives’ Taxation Committee approved an amendment to House Bill 1284, striking the proposed elimination of the sales tax exemption for advertising services. The bill’s sponsor, Representative Finck (Republican), introduced the amendment himself. He clarified that he did not intend to tax…
Florida Bill to Tax Car Sharing Moves Forward
Florida’s proposed tax on peer-to-peer car sharing companies, H.B. 377, cleared its first hurdle and passed the state House Ways and Means Committee on February 11. The bill would require car-sharing companies to collect a 6% sales tax on vehicle leases made through their platforms. Also, under the proposed bill, leases made through the…
South Dakota Advertising Tax Hearing Scheduled – February 20, 2020 at 7:45 a.m. Central
On February 6, 2020, South Dakota Representative Finck introduced House Bill 1284, which would repeal the sales tax exemption for sales of advertising services. The South Dakota sales tax broadly applies to sales of services, unless specifically exempt. The bill has since been referred to the House of Representatives’ Taxation Committee. On Thursday, February…
West Virginia Proposes Data Mining Service Tax
On February 11th, West Virginia Delegate Cody Thompson (Democrat) introduced House Bill 4898, which would impose a general data mining service tax. The bill would require “commercial data operators” generating revenue from the use, collection, processing, sale, or sharing of West Virginians’ user data to pay the tax at the rate of one cent…
Mississippi Proposes Marketplace Facilitator Law
Mississippi law requires “retailers” to collect and remit sales and use tax. In August 2018, the Mississippi DOR issued guidance that remote sellers with in-state sales above $250,000 are retailers required to collect sales and use tax. H.B. 379 would expand the definition of retailer to include persons who facilitate third-party sales with the same…
Kansas Proposes Marketplace Facilitator Law; Remote Seller Safe Harbor
Under current Kansas DOR guidance, all remote sellers, regardless of size, are required to collect sales and use taxes. Kansas has introduced two bills to address the taxation of digital sales. H.B. 2537 would introduce a safe harbor for remote sellers with under $100,000 of gross revenues in the state. Additionally, H.B. 2513 would first…
Nebraska Legislature Considers Sales Tax on Digital Advertising
On February 13, 2020, the Nebraska Legislature’s Revenue Committee heard testimony on Legislative Bill 989, which would expand Nebraska’s sales tax base to include sales of digital advertisements.
After an introduction by the bill’s sponsor, Senator Justin Wayne, the Revenue Committee heard testimony from four witnesses, each opposing the bill. The Committee also received…
Maryland Seeks to Extend Tax on Peer-to-Peer Car Sharing
In 2018, Maryland S.B. 743 temporarily extended the 8% sales tax on short-term vehicle rentals to reach peer-to-peer car sharing companies. That temporary tax is due to sunset June 30, 2020. S.B. 573 seeks to make the tax upon peer-to-peer car sharing companies permanent and increase the sales tax rate to 10% for both traditional…



